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bburden@casselsbrock.com

Telephone: 416 869 5963
Fax: 416 640 3019

Toronto
Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Canada

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Profile

Bill Burden

Bill practises in the area of commercial litigation, with an emphasis on contractual disputes and shareholder remedies. He has extensive trial (both in the courts and before various tribunals) and appellate experience, and has been involved in a number of significant arbitrations involving interpretations of contracts.

With over 30 years of expertise in the litigation area he is recognized by the profession in that he is retained by the Lawyers' Professional Indemnity Company with respect to the defence of claims against solicitors.

Bill is a former Chairman of the Executive Committee.

Some of Bill's experience includes being involved in the following recent significant matters:

• A decision involving the interpretation of the Canada Elections Act concerning political party expenses, at the trial and appellate levels, leave to appeal to the Supreme Court of Canada denied. Conservative Fund Canada v. Chief Electoral Officer of Canada
• A decision in a proceeding before the Ontario Securities Commission to determine whether a take-over bid was in compliance with the requirements of the Securities Act (Ont.) Re Financial Models Co.
• A decision on the interpretation of a Shareholders Agreement involving a first right of refusal in the context of a takeover bid situation - BNY Capital Corp. v. Katokakis. 194 O.A.C. 353 or 1 B.L.R. (4th) 168.
• A decision in the Court of Appeal for Ontario involving jurisdiction and forum conveniens issues - BNP Paribas (Canada) v. BCE Inc. 33 C.B.R. (5th) 163.
• A case involving contractual interpretation principles in the Court of Appeal for Ontario - Commercial Alcohols Inc. v. Suncor Energy Products Inc. The trial decision is reported in 17 B.L.R. (4th) 86.
• A decision involving an interpretation of arrangement provisions in the OBCA in the context of an acquisition involving a share exchange with dilution implications - McEwen v. Goldcorp Inc. 21 B.L.R. (4th) 262.
• A regulatory proceeding in which the Ontario Energy Board sought to make an Order of Compliance against a company engaged in the retail sale of electricity.  The matter is currently under appeal.  Re Summitt Energy
• Defence of a funeral director in a prosecution under the Funeral, Burial and Cremation Services Act (Ont.).

Bill is a member of The Advocates' Society, the Insolvency Institute of Canada and the International Insolvency Institute. He is a former lecturer at the Bar Admissions Course, and a former member of the Executive of the Ontario Insolvency Section of the Canadian Bar Association.

He has written extensively about debtor/creditor issues, shareholder disputes and contractual interpretation principles.

Bill received a B.A. cum laude from Yale University, 1971 and graduated from the University of Toronto Law School, 1974.

Bill was called to the bar in 1976.

Education

LL.B., University of Toronto Law School, 1974
B.A. (Cum Laude), Yale University, 1971

Achievements

• Martindale-Hubbell, BV Distinguished™ rating

Call to the bar

Ontario, 1976

Associations

• The Advocates Society
• Canadian Bar Association
• Insolvency Institute of Canada
• International Insolvency Institute
• Ontario Bar Association
• Toronto Lawyers Association